The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-03-28
SUPREME COURT.
Ar CHAMBERS.

AT CHAMBERS.
Before Judge Bickerton II, Hack
field & Co. vs. c. Kayanagh j. E.
Wiselnau and Dr. G. Trousseau, gar
nishees.
Following is the decision filed in the
above suit
This is an action Of assumpsit re-
turnable at January term, 1887, on
which there was confession Of judg-
ment by defendant, filed January 9Th,
1887. The question now before me
is Has there been proper and legal
service on the garnishees Trousseau
and Wisemanp Plaintiffs counsel con-
sents to DR. Trousseau being dis
charged, which disposcs Of the question
as regards him. 1t appears that this
action was brought on December a6th,
1850, and that ]. Z. Wiseman left
Honolulu or December the 18th, 1880,
for San Francisco temporarily, having
had prior thereto a usual place Of abode
liz Honolulu That ]. H. Fisher was
constituted the attorney-in-fact of Wise
man during his absence. That or
December 10th, 1886, service Of pro
cess was made on Fisher as attorney Of
agent Of Wiseman; also, that the places
Of business and abode Of Fisher arr
entirely separate, and different from
those Of Wiseman
II is claimed on behalf of Wisemai
that he should be discharged as gar
nishee, for the reason that no legal ser
vice Of process has been made on him
also that no true copy has been served
1t is claimed on behalf Of plaintiff
that service on Fisher, attorney 0
agent OF Wiseman, was legal service OF
Wiseman. In punishment, the Ha
waii1n statute provides that service o.
garnishce shall be made by leaving
true and attesied copy with the gal
nishee, or at the usual place of abode
; and that the summons and directlo
shall be signed and issued in the sam
I manner as summonses are usually
e civil cases, and shall be served by tn
: officer according to such direction
? Compiled Laws, p. 28o.
S "The attaching creditor furnishs
! the names OF the persons to be ga
/ nisheed, and he Sheriff proceeds
n execute the writ without any unusu
g formality, but he must conform to Il
II statute" (Waples on Attachment ar
}, Garnishment, p. 1881.
L The service was made on the attic
. hey or agent Of the attorney or age
. (garnishee). Parker, G. J., says :"
e is no answer to say that this servi
was more likely to give notice than Il
other on account of long absence
= the defendant from the commonwealt
The Legislature is judge of this
having prescribed the kind of servi'
none other will avail Pecl<ss. W.
rem, Peck, p. I64.
After hearing argument, and viewi
the authorities cited by counsel,
gether with others, | am Of oplni
that there was no legd service on WI
man, and Wiseman is discharged
garnishee without further answer.
In Equity, before Chief Justice JUG
G. w. Willfong VS.. John II. Patty a
Samuel Parker. This is a bill
equity TO recover certain shares
stock held by defendant as a Piled
and for an account, etc.
His Honor the Chief Justice al
his decision in the above suit Saturd
After reciting the facts, evidence, pie
and authorities, the decision conclude
Let reference be had to master
ascertain the amount Of principal a
interest due on the note, and
tn amount Of dividends received by Pa
to and on Willfongs paying the balar
lat due he will be entitled to the possess
he OF the shares. S. B. Dole for plainti
~ Il M Hatch for defendants.